Chapter IX LEVY OF FEES AND OTHER CHARGES

There shall be leviable such fees or other charges in each of the ports in respect of— (a) consideration payable to the port by owners or agents of vessels or shippers in lieu of services rendered by such port including but not limited to— (i) providing usage of or access to all or any part of the port; (ii) loading or unloading of cargo; (iii) embarking or disembarking of passengers; (iv) storage of materials; (v) supplying provisions or equipment to vessels; (vi) handling, storing and transporting goods on land adjoining ports and for the handling of passengers carried by the vessels; (vii) embarking or disembarking of masters, crew and other personnel, if payable; (viii) repairing of vessel; (ix) providing aids to navigation within the port limits; (x) carrying passengers or goods between vessels in the port or port approaches; (xi) stevedoring, landing and shipping of passengers or goods from or to such vessels; (xii) wharfage, storage or demurrage of goods on any such place; (xiii) pilotage and berth hire; (xiv) towage; and (xv) waterfront royalty; (b) consideration payable by or to the port for port works pertaining to the maintenance of ports; (c) realisations from usage of land and property belonging to, or in the possession or occupation of, the Authority.

(1) (a) The port tariff for every major port shall be fixed by— (i) the Board of Major Port Authority or such person or body of persons authorised by it; or (ii) the board of directors, in case a port is registered as a company under the Companies Act, 2013 (18 of 2013); (b) the port tariff for every port other than major port shall be fixed by the respective State Maritime Boards or such concessionaire as may be authorised by the concerned State Maritime Board. (2) The port tariff fixed under sub-section (1) shall be published electronically by the Authority or concessionaire or person or body of persons, responsible for fixing the port tariff. (3) The port tariff fixed under sub-section (1) shall come into effect after expiry of a period of thirty days from the date of its publication. (4) The Council may issue guidelines on any matter relating to transparency of port tariff including the components thereof. (5) The Authority may, based on any recommendation by the Government, in special cases exempt or, remit the whole or any portion of the fees or other charges due or payable under this Act.

(1) The Government shall, by notification, authorise at any port, an officer or body of persons who may receive the fees or other charges payable under this Act and to expend the receipts thereof, subject to such conditions as may be specified in the notification. (2) The officer or body of persons authorised to receive fees or other charges, shall issue a receipt in lieu of such fees or other charges, in such form and manner as may be prescribed by the appropriate Government, containing the following particulars, namely:— (a) name of the issuing office; (b) the port or place at which the fees or other charges due or payable is paid; and (c) the name, gross tonnage and other proper description of the vessel in respect of which the payment is made, as applicable.

The owner, agent or master of every vessel liable to pay any other fees or other charges shall, on arrival of such vessel within the port limits, report her arrival to the conservator in such form, manner and within such time as may be prescribed by the Central Government in consultation with the State Government.

(1) If the master of any vessel in respect of which any fees or other charges are payable under this Act refuses or fails to pay the same on demand, the officer or body of persons authorised under sub-section (1) of section 48 may detain or arrest the vessel or any part thereof, until the amount due is paid. (2) In case any part of the fees or other charges, or of the costs of the detention or arrest or of the keeping of the vessel detained or arrested remains unpaid for fifteen days after any such detention or arrest, such officer or body of persons may cause the vessel detained or arrested to be sold, and with the proceeds of such sale, may recover the fees or other charges and the cost including the costs of sale remaining unpaid, and shall render the surplus, if any, to the master of the vessel upon demand: Provided that where such vessel is already arrested under the order of a court or other authority, the authority appointed to receive fees or other charges, may sell the vessel or part thereof only with the prior permission of such court or other authority and recover the fees or other charges due and the costs including costs of sale remaining unpaid, and disburse the surplus, if any, in accordance with the orders or directions of such court or other authority. (3) Where the sale proceeds of the vessel is insufficient to satisfy the fees or other charges due and the cost including the costs of sale remains unpaid, the authority appointed to receive such fees or other charges due may, by order in writing direct the owner of the vessel to pay the unpaid balance, within one month of issuance of such order.

No port-clearance shall be granted to any vessel until the owner or master or agent or port user has paid or secured to the satisfaction of the officer granting the clearance the amount of all fees or charges, and of all fines, penalties and expenses to which the vessel or her owner or master is liable under this Act.

(1) No master of a vessel shall evade the payment of any fees or other charges required to be paid under this Act. (2) In any proceeding before a Magistrate, any document issued by the officer empowered to grant port-clearance under section 51 stating that the master has evaded such payment shall be sufficient proof of the evasion, unless the master shows to the satisfaction of the Magistrate that the departure of the vessel without payment of the sum was caused by stress of weather, or that there was lawful or reasonable ground for such departure. (3) Any Magistrate having jurisdiction under this Act in any port to which the vessel may proceed, or in which she may be found, shall be deemed to have jurisdiction in any proceeding under this section.